REQUEST FOR PROPOSAL (RFP)
RFP Number:
15-3064V / RFP Title:
BOND COUNSEL SERVICES
RFP Response Due Date and Time:
July 14, 2015
2:00 p.m., Mountain Time / Number of Pages:
25 / Issue Date:
June 15, 2015
ISSUING AGENCY INFORMATION
Procurement Officer:
Rick Dorvall / State Procurement Bureau
General Services Division
Department of Administration
Phone: (406) 444-2575
Fax: (406) 444-2529
TTY Users, Dial 711
Website: http://vendor.mt.gov/
INSTRUCTIONS TO OFFERORS
Return Sealed Proposal to: / Mark Face of Envelope/Package with:
RFP Number: 15-3064V
RFP Response Due Date: July 14, 2015
PHYSICAL ADDRESS:
State Procurement Bureau
General Services Division
Department of Administration
Room 165, Mitchell Building
125 North Roberts Street
Helena, MT 59601-4558 / MAILING ADDRESS:
State Procurement Bureau
General Services Division
Department of Administration
P.O. Box 200135
Helena, MT 59620-0135
Special Instructions:
OFFERORS SHALL COMPLETE THE FOLLOWING
Offeror Name/Address: /
(Name/Title)
(Signature)
Print name and title and sign in ink. By submitting a response to this RFP, offeror acknowledges it understands and shall comply with the RFP specifications and requirements.
Type of Entity (e.g., corporation, LLC, etc.) / Offeror Phone Number:
Offeror E-mail Address: / Offeror FAX Number:
OFFERORS SHALL RETURN THIS COVER SHEET WITH RFP RESPONSE
RFP15-3064V, Bond Counsel Services, Page 6
TABLE OF CONTENTS
PAGE
Instructions to Offerors 3
Schedule of Events 4
Section 1: Introduction and Instructions 5
1.1 Introduction 5
1.2 Contract Period 5
1.3 Single Point of Contact 5
1.4 Required Review 5
1.5 General Requirements 6
1.6 Submitting a Proposal 6
1.7 Costs/Ownership of Materials 7
Section 2: RFP Standard Information 8
2.1 Authority 8
2.2 Offeror Competition 8
2.3 Receipt of Proposals and Public Inspection 8
2.4 Classification and Evaluation of Proposals 8
2.5 State's Rights Reserved 10
2.6 Alteration of Solicitation Document 10
2.7 Debarment 10
2.8 Failure to Honor Bid/Proposal 10
Section 3: Scope of Services 11
3.1 Background 11
3.2 Scope of Services 12
Section 4: Offeror Qualifications 13
4.1 State's Right to Investigate and Reject 13
4.2 Offeror Qualifications 13
Section 5: Cost Proposal 15
5.1 Cost Proposal 15
Section 6: Evaluation Process 16
6.1 Basis of Evaluation 16
6.2 Evaluation Criteria 16
Appendix A: Contract 18
INSTRUCTIONS TO OFFERORS
It is the responsibility of each offeror to:
Follow the format required in the RFP when preparing your response. Provide responses in a clear and concise manner.
Provide complete answers/descriptions. Read and answer all questions and requirements. Proposals are evaluated based solely on the information and materials provided in your written response.
Use any forms provided, e.g., cover page, budget form, certification forms, etc.
Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document. Late proposals are never accepted.
The following items MUST be included in the response.
Failure to include ANY of these items may result in a nonresponsive determination.
þ Signed Cover Sheet
þ Signed Addenda (if appropriate) in accordance with Section 1.4.3
þ Address all mandatory requirements in accordance with Section 1.5.3
þ Correctly executed State of Montana "Affidavit for Trade Secret Confidentiality" form, if claiming information to be confidential or proprietary in accordance with Section 2.3.1.
þ In addition to a detailed response to all requirements within Sections 3, 4, and 5, offeror shall acknowledge that it has read, understands, and shall comply with each section/subsection listed below by initialing the line to the left of each. If offeror cannot meet a particular requirement, provide a detailed explanation next to that requirement.
Section 1, Introduction and Instructions
Section 2, RFP Standard Information
Section 3.1, Background
Section 3.2, Scope of Services
Section 4.1, State's Right to Investigate and Reject
Section 6, Evaluation Process
Appendix A, Contract
SCHEDULE OF EVENTS
EVENT DATE
RFP Issue Date June 15, 2015
Deadline for Receipt of Written Questions June 24, 2015
Deadline for Posting Written Responses to the State's Website June 30, 2015
RFP Response Due Date July 14, 2015
SECTION 1: INTRODUCTION AND INSTRUCTIONS
1.1 INTRODUCTION
The STATE OF MONTANA, Department of Administration, Director’s Office ("State") is seeking a contractor to provide Bond Counsel Services. A more complete description of the Bond Counsel Services to be provided is found in Section 3.
1.2 CONTRACT PERIOD
The contract period is three year(s), beginning on contract execution, and ending September 30, 2018 inclusive. The parties may mutually agree to a renewal of this contract in one-year intervals, or any interval that is advantageous to the State. This contract, including any renewals, may not exceed a total of seven years, at the State's option.
1.3 SINGLE POINT OF CONTACT
From the date this Request for Proposal (RFP) is issued until an offeror is selected and announced by the procurement officer, offerors may not communicate with any state staff regarding this procurement, except at the direction of Rick Dorvall, the procurement officer in charge of the solicitation. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is:
Procurement Officer: Rick Dorvall
Telephone Number: 406-444-3366
Fax Number: 406-444-2529
E-mail Address:
1.4 REQUIRED REVIEW
1.4.1 Review RFP. Offerors shall carefully review the entire RFP. Offerors shall promptly notify the procurement officer identified above via e-mail or in writing of any ambiguity, inconsistency, unduly restrictive specifications, or error that they discover. In this notice, the offeror shall include any terms or requirements within the RFP that preclude the offeror from responding or add unnecessary cost. Offerors shall provide an explanation with suggested modifications. The notice must be received by the deadline for receipt of inquiries set forth in Section 1.4.2. The State will determine any changes to the RFP.
1.4.2 Form of Questions. Offerors having questions or requiring clarification or interpretation of any section within this RFP must address these issues via e-mail or in writing to the procurement officer listed above on or before June 24, 2015. Offerors shall submit questions using the Vendor RFP Question and Answer Form available on the OneStop Vendor Information website at: http://svc.mt.gov/gsd/OneStop/GSDDocuments.aspx or by calling (406) 444-2575. Clear reference to the section, page, and item in question must be included in the form. Questions received after the deadline may not be considered.
1.4.3 State's Response. The State shall provide a written response by June 30, 2015 to all questions received by June 24, 2015. The State's response will be by written addendum and will be posted on the State's website with the RFP at http://svc.mt.gov/gsd/OneStop/SolicitationDefault.aspx by the close of business on the date listed. Any other form of interpretation, correction, or change to this RFP will not be binding upon the State. Offerors shall sign and return with their RFP response an Acknowledgment of Addendum for any addendum issued.
1.5 general requirements
1.5.1 Acceptance of Contract. By submitting a response to this RFP, offeror accepts the contract set out in Appendix A respectively. Much of the language included in the contract reflects the requirements of Montana law.
Offerors requesting additions or exceptions to the contract terms, shall submit them to the procurement officer listed above by the date specified in Section 1.4.2. A request must be accompanied by an explanation why the exception is being sought and what specific effect it will have on the offeror's ability to respond to the RFP or perform the contract. The State reserves the right to address nonmaterial requests for exceptions to contract language with the highest scoring offeror during contract negotiation.
The State shall identify any revisions to the contract language in a written addendum issued for this RFP. The addendum will apply to all offerors submitting a response to this RFP. The State will determine any changes to the contract.
1.5.2 Resulting Contract. This RFP and any addenda, the offeror's RFP response, including any amendments, a best and final offer (if any), and any clarification question responses shall be incorporated by reference in any resulting contract.
1.5.3 Mandatory Requirements. To be eligible for consideration, an offeror shall meet all mandatory requirements as listed in Sections 3 and 4. The State will determine whether an offeror's proposal complies with the requirements. Proposals that fail to meet any mandatory requirements listed in this RFP will be deemed nonresponsive.
1.5.4 Understanding of Specifications and Requirements. By submitting a response to this RFP, offeror acknowledges it understands and shall comply with the RFP specifications and requirements.
1.5.5 Offeror's Signature. Offeror's proposal must be signed in ink by an individual authorized to legally bind the offeror. The offeror's signature guarantees that the offer has been established without collusion. Offeror shall provide proof of authority of the person signing the RFP upon State's request.
1.5.6 Offer in Effect for 120 Calendar Days. Offeror agrees that it may not modify, withdraw, or cancel its proposal for a 120-day period following the RFP due date or receipt of best and final offer, if required.
1.6 Submitting a PrOPOSAL
1.6.1 Organization of Proposal. Offerors shall organize their proposal into sections that follow the format of this RFP. Proposals should be bound, and must include tabbed dividers separating each section. Proposal pages must be consecutively numbered.
All subsections not listed in the "Instructions to Offerors" on page 3 require a response. Restate the section/subsection number and the text immediately prior to your written response.
Unless specifically requested in the RFP, an offeror making the statement "Refer to our literature…" or "Please see www…….com" may be deemed nonresponsive or receive point deductions. If making reference to materials located in another section of the proposal, specific page numbers and sections must be noted. The Evaluator/Evaluation Committee is not required to search through the proposal or literature to find a response.
The State encourages offerors to use materials (e.g., paper, dividers, binders, brochures, etc.) that contain post-consumer recycled content. Offerors are encouraged to print/copy on both sides of each page.
1.6.2 Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. Further, the State may deem a proposal nonresponsive or disqualify it from further consideration if it does not follow the response format, is difficult to read or understand, or is missing requested information.
1.6.3 Copies Required and Deadline for Receipt of Proposals. Offerors shall submit one (1) original proposal and four (4) hard copies to the State Procurement Bureau. In addition, offerors shall submit two electronic copies on compact disc (CD) or universal serial bus (USB) flash drive in Microsoft Word or portable document format (PDF). If any confidential materials are included in accordance with the requirements of Section 2.3.2, they must be submitted on a separate CD or USB flash drive.
each Proposal must be sealed and labeled on the outside of the package clearly indicating it is in response to RFP15-3064V. Proposals must be received at the reception desk of the State Procurement Bureau prior to 2:00 p.m., Mountain Time, July 14, 2015. Offeror is solely responsible for assuring delivery to the reception desk by the designated time.
1.6.4 Facsimile Responses. A facsimile response to an RFP will ONLY be accepted on an exception basis with prior approval of the procurement officer and only if it is received in its entirety by the specified deadline. Responses to RFPs received after the deadline will not be considered.
1.6.5 Late Proposals. Regardless of cause, the State may not accept late proposals. Such proposals will automatically be disqualified from consideration. Offeror may request the State return the proposal at offeror's expense or the State will dispose of the proposal if requested by the offeror. (See Administrative Rules of Montana (ARM) 2.5.509.)
1.7 COSTS/OWNERSHIP OF MATERIALS
1.7.1 State Not Responsible for Preparation Costs. Offeror is solely responsible for all costs it incurs prior to contract execution.
1.7.2 Ownership of Timely Submitted Materials. The State owns all materials submitted in response to this RFP.
SECTION 2: RFP STANDARD INFORMATION
2.1 AUTHORITY
The RFP is issued under 18-4-304, MCA, and ARM 2.5.602. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. The State shall use only the evaluation criteria outlined in this RFP.
2.2 Offeror Competition
The State encourages free and open competition to obtain quality, cost-effective services and supplies. The State designs specifications, proposal requests, and conditions to accomplish this objective.
2.3 Receipt of Proposals and Public Inspection
2.3.1 Public Information. Subject to exceptions provided by Montana law, all information received in response to this RFP, including copyrighted material, is public information. Proposals will be made available for public viewing and copying shortly after the proposal due date and time. The exceptions to this requirement are: (1) bona fide trade secrets meeting the requirements of the Uniform Trade Secrets Act, Title 30, chapter 14, part 4, MCA, that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the State; and (3) other constitutional protections. See 18-4-304, MCA. The State provides a copier for interested parties' use at $0.10 per page. The interested party is responsible for the cost of copies and to provide personnel to do the copying.
2.3.2 Procurement Officer Review of Proposals. Upon opening the proposals in response to this RFP, the procurement officer will review the proposals for information that meets the exceptions in Section 2.3.1, providing the following conditions have been met:
● Confidential information (including any provided in electronic media) is clearly marked and separated from the rest of the proposal.
● The proposal does not contain confidential material in the cost or price section.
● An affidavit from the offeror's legal counsel attesting to and explaining the validity of the trade secret claim as set out in Title 30, chapter 14, part 4, MCA, is attached to each proposal containing trade secrets. Counsel must use the State of Montana "Affidavit for Trade Secret Confidentiality" form in requesting the trade secret claim. This affidavit form is available on the OneStop Vendor Information website at: http://svc.mt.gov/gsd/OneStop/GSDDocuments.aspx or by calling (406) 444-2575.